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November-December, 2011 Vol. 101 No. 6 Back to TMR Main Page
 
Amicus Brief of the International Trademark Association in Christian Louboutin S.A. et al. v. Yves Saint Laurent America Holding, Inc. et al.
 
 
The U.S. Court of Appeals for the Second Circuit should vacate and remand to the district court, which made two legal errors in analyzing the plaintiffs’ federally registered Red Sole Mark. First, the district court misconstrued the mark as consisting solely of “the color red” and failed to recognize the presumption of validity attendant to federal trademark registrations. Second, the district court erred in finding the Red Sole Mark functional.
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